If when we did a final walk-through we noticed damaged carpeting, can we force the seller to give us a credit?

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If when we did a final walk-through we noticed damaged carpeting, can we force the seller to give us a credit?

The carpeting downstairs throughout the house is pretty damaged (discolored, stained, etc). The sellers had large area rugs covering the carpets with furniture on the area rugs (we have pictures). I don’t feel that we should have to pay to replace carpeting. The sellers obviously knew the carpet was damaged if they put huge area rugs over it. Can I make them give me a credit to pay for new carpeting? If they refuse to pay, can I get out of contract due to the sellers not disclosing to us how damaged the floors were?

Asked on September 22, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If youhave not closed escrow on the property you are in escrow to purchase and noticed that there is now undisclosed carpet damage, you have every right to ask for a credit from the sellers for the repair as a condition to close escrow.

I would also require an updated transfer disclosure statement signed by the sellers as a condition for escrow's close with an explanation as to how the carpet got damaged.

I would be concerned that if the sellers tried to hide the damaged carpet from you before close without disclosure, what else have they not disclosed.

Perhaps another walk through with a third party expert such a licensed general contractor is in order as a condition to close escrow.

Good luck.


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